Mediation and Alternative Dispute Resolution

When a matter is put before a Judge, that Judge will decide the matter and often both parties walk away unhappy with part or all of the resulting Order. Not only that, but going through the Court process usually takes a significant psychological, emotional, and financial toll on those who go down that road. So why not choose mediation instead?

A mediator can sit down with those on opposite sides of an issue and try to work towards an agreement. This agreement is not necessarily something that either or both sides is happy with, but it must be something everyone can live with. A settlement between parties puts the parties in charge of their own fate and can save everyone much time and money as well as headache and heartache.

By entering the process of mediation you do not have to give up any rights. In fact, you can largely dictate the terms of your own mediation. You do not give up your right to independent legal advice, and all sides can agree that the mediator will not be called as a witness should the deal fall through. This means that your settlement discussions, admissions and concessions are all “without prejudice”, meaning that without signing off on a final agreement or a Consent Order, you can change your mind or back out of a deal at any time. With mediation, the sky is the limit in terms of arriving at a deal and you are in control. If you proceed to Court, it is often a roll of the dice.

Best of all, you don’t even necessarily need to meet with the other side. If people are angry with each other, we can meet with each side of the matter separately to try to help diffuse a tense situation and focus on resolving the issues at the heart of the matter.